APPLICATION
PROJECT NAME: Lots 14 & 15 Block 1 Happy Homes Heights, Lot Frontage, Lot
Area, and Rear Setback
LOCATION: Lots 14 & 15 Block 1 Happy Homes Heights
COMPUTER ID: 01-82000003
PERMIT #:
I FILE NO.: ZNCV 01-004 I TYPE OF APPLICATION: Zoning Code
Variance
AGENT/CONTACT PERSON: Robert OWNER/APPLICANT: Willie Ward
Dwelle PHONE: 561-752-0303
PHONE: 561-752-0303 FAX: N/A
FAX: 561-752-0302 ADDRESS: 428 NW 3rd Ave., Boynton Beach,
ADDRESS: 404 NW 13th Ave., Boynton Florida, 33425
Beach, FL 33425
Date of submittallProiected meetine dates:
SUBMITTAL / RESUBMITTAL 03/01/01
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 03/27/01
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE: N/A
ACTUAL RESUBMITTAL DATE: N/A
2ND REVIEW COMMENTS DUE: N/A
LAND DEVELOPMENT SIGNS POSTED 04/07/01
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD N/A
MEETING:
COMMUNITY REDEVELOPMENT 04/10/01
AGENCY BOARD
CITY COMMISSION MEETING: 04/17/01
COMMENTS:
J:\SHRDA TA \Planning\SHARED\WP\PROJECTS\Lots 14 & 15 Block I, Happy Home Heights, Lot Frontage, Lot Area, Rear Setback\2001 PROJECT
TRACKING INFO.doc
DEPARTMENT OF DEVELOPMENT
DIVISION OF COMMUNITY REDEVELOPMENT
MEMORANDUM NO. 01-029
TO: Michael W, Rumpf, Planning & Zoning Director
FROM: Octavia S. Sherrod, Community Development Manager
DATE: February 28,2001
SUBJECT: Boynton Beach Faith Based Community Development Corporation
Zoning Variance Applications
Attached you will find two (2) applications for a variance for the applicant
referenced above to build two (2) affordable houses on the property described
as:
Happy Home Heights, Lots 14, less 8.5', Lot 15 to 16 inclusive, Block 1
PCN #08-43-45-21-20-001-0141
$/.200
Please charge the processing fee of $800:60 to account #122-2418-554.49-64.
Feel free to contact me with any questions or concerns you may have regarding
this matter.
OSS:dar
Attachments
\\C~~\rl~1l1tJ:\SHRDlt j;'A\Cnmrnu:r'iitl~rQ\mefiiQ~12fJrl1\B;B:V:B_Cnc.~V;1rianr;:tr"rlQf;
APPLICATION ACCEPTANCl ...lATE:
RECEIVED I:. STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Tvpe
Submittal Date: March 1,2001
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot(s) 14
and 15
Block 1
Subdivision Happy Home Heights
Plat Book 03693
Page 0061
or otherwise described as follows:
..
Property Address
"'.
See Attached (Next Page)
Variance requested
The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accepted:
1. Two sealed surveyS by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
VARIANCE REQUESTED
Relief from the City of Boynton Beach, Code of Ordinances, Land
Development Regulations, Chapter 2, Zoning, Section 5.f.2.a. to allow a
single family home in a substandard R-2 zoning district lot. Variances for:
. Lot Frontage
. Lot Area
. Rear Setback
Page 2
Zoning Code Variance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as labels or addressed envelopes and postage (1stciass--
stamps or payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aqent is submittinq the petition. a notarized COpy of a letter desiqnatinq him as
such must accompany the petition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
!YQ.&
A. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district; .
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not. be injurious.to the area Jnvolved or
otherwise detrimental to the public welfare.
6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
Page 3
Zoning Code Variance Application
7.
Name and address of owner: W,I.L.J l:
WARD - YZ8 NW 3teP AVe I &YNf7lN
33'1'3:;
rAJiH &"co (()/Ifnl/JNITY O~. Cotf.
o IV T7W
8.
Name of applicant: BOYN TON BOCH
Applicant's address: PO 80]( 337 .
9.
Applicant's phone #: (.s."
03/,101
, I
5.2 -0303
Date:
Signature of Applicant:
10. Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
TO BE COMPLETED BY PLANNING AND ZONING
1 ,
Property is presently zoned:
formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required):
4. Nature of exception or variance required:
5.
Case Number:
Meeting Date:
, . . ~ ' '
Page 4
Zoning Code Variance Application
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
. .'. ..."
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
APPLICANT/AGENT Bo IJfoN Goff-Oj FAiTH BA5Cl) (()<..
{20(jEfl.f O~nl.f:
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNING\SHAREO\WP\FORMS\APPS\ZNCV\ZNCV.APP
October 15, 1998
A The Boynton Beach Faith Based Community Development Corporation (CDC) is
proposing the construction of two single-tinnily homes on a parcel of land located in the
Martin Luther King Blvd North Neighborhood as defined in the City of Boynton Beach's
Vision 20/20 planning document. The total parcel of land consists of 2 lots and a portion
of a 3,d lot. Two of the lots are 40 feet wide and the remaining piece is approximately 32
feet wide for a total width of Il2 feet. The CDC is proposing the construction of two
single-family homes on the three lots, Each new home will sit on a piece of land
approximately 56 feet wide by 95 feet deep (5296 sq ft). The neighborhood is zoned
entirely R2. This zoning designation requires 60-foot lots and 6000 square feet of area;
However, Eighty-five percent of the developed single-family homes in this comnmnity
are built on lots of fifty (50) feet or less in width. This means that eighty five percent of
the existing homes would not conform with the current zoning requirements. Therefore
the R-2 zoning regulations for this community are clearly not consistent with the vast
majority of the property in this community. This creates a situation that is exact opposite
of the typical situation. The CDC is applying for a variance to build homes consistent
with the rest of the community, not deviating from the rest of the community.
This zoning designation creates a tremendous barrier to the development of this
community. There are 15 scattered lots in this community that are less than 50 feet in
width. All of these lots would be not be developable under these regulations, and would
sit vacant. This would only propetuate the slum and blight conditions in the
neighborhood.
The CDC wishes to work with the City on an on going basis to revise these burdensome
regulations and begin the development of the community. Each vacant lot in this
community provides an opportunity for a homebuyer to fulfill their dream of
homeownership and an opportunity to add value to the community. The CDC is
committed to working with the City to make that a reality.
B. The platting, zoning and construction of the other homes in the community occurred well
before the CDC was even in existence. The actions of the CDC in no way created these
circumstances.
C. The CDC is not receiving any particular benefit over other individuals or developers; the
CDC only requests that it be permitted to construct homes that are consistent with 85
percent of the homes in this community, which are under the same zoning designation.
D. The City of Boynton Beach funded the CDC in order to provide housing opportunities to
low and moderate-income first time homebuyers and to develop and increase the value of
this community. The CDC currently has two qualified homebuyers that have overcome
many obsticules to qualifY for a loan. These two families are ready and waiting to move
into the proposed homes. By only permitting the construction of one home, a family
would be denied a rare opportunity to occupy a brand new residence. Additionally, if the
CDC were to only build one home, the cost of the home would increase due to the
increased land cost. This increase would, in turn, eliminate both buyers.
The CDC wishes to increase the tax base and property value of the community. Building
two homes instead of one would double the tax output. Two homes would also reduce
vacant land in the community, thereby increasing home values. Additionally, if the CDC
buih only one home on the 2 lots, that home would look very out of character. Since the
CDC's homes are only 35 feet wide, there would be a yard space of38 feet on each side
of the house. This would give the appearance of a vacant lot on each side of the home.
Maintaining this large lot would place a higher financial burden on the property owner.
This could potentially resuh in a poorly maintained lawn, always a community eyesore.
Small lawns are much easier for an owner to maintain, less costly, and consistent with the
concept of building affordable housing.
E. There are lIO single family homes in the community that sit on lots that are fifty (50) feet
or less, including the home right next to the CDC's proposed site. In fact, immediately to
the north of the CDC's proposed site on NE 131h Ave there are four homes that were
constructed four years ago that look nearly identical to the homes the CDC is proposing.
All four homes were buih on fifty (50) foot lots. The CDC is only requesting the
minimal amount needed to construct two affordable homes that will be compatible with
eight-five percent of the other homes in the community.
F. The intent of the ordinance is to prevent building on smaller lots located in communities
where the majority of the homes are set on larger lots. Those squeezed in homes would
certainly be out of character in the neighborhood. This is clearly not the case in this
community. The CDC's proposed homes will appear quite compatible with the other
homes in the community. The CDC's homes will eliminate vacant land in the
community, make affordable housing opportunities available to low income first time
home buyers, and make a positive impact on the value of the surrounding residences.
ADDEjt.lDUM TO AGREEMENT TO SELL REAL ESTATE
Seller: WILLIe WUiJ
Buyer:_Bc YNTOAJ BEACH FAiTH fJASaJ ClJC
Property Address:
Zoning Variance
The City of Boynton Beach has passed an ordnance requiring a zoning variance for construction on any
lots less than 7,500 square feet. In order to build 2 single-family homes on the subject Real Property
presented in this contract, a zoning variance IMII be required, This contract IMII be contingent upon the
Buyer, at Buyer's Expenses, obtaining a Zoning variance from the City of Boynton Beach. If Buyer is
unable to obtain a variance in the time allowed, then Buyer may by witten notice to the Seller, cancel this
Contract and Buyer shall be refunded the deposit(s).
Date: Ql.-.;l.5-a I
BUyer:~ ?'- ~ ';;)
Print Name: COG,rr,.,,,, Y L 4--/ ~
Buyer: ~- -/: - ~
Print Name: {" ",,{~A-/l~Y <(" c.,''1
S~ler: wlL I~ ;;?
Print Name: aJ/oi!./'e 'l9fU>
Date: J -2..s:c:>(
Date: .;{ -2;-:' o(
Date:
S~ler:
Print Name:
,;;, ~~E.,~~; H'", .f'-, ';;"~~!=~MENT TO SELL REAL ESTATE
==.=--:=-==--="'=-=~="'= :~ ="'-=-==~=---
Seller: W IL U t l-vA./UJ
Buyer: Go Y iJ rOil) (.!, ClJ CH
FA/rl-/ !3A.5W (O~
Property Address:
SOIL TESTING
Buyer, at Buyer's expenses, IMthin the time allowed to deliver evidence of title, may have the Real
Property Soil Tested, by a Rorida Certified Testing Agency. If the results of the test show that the soil is
unsuitable for the construction of a single family home or the conslnJction of a single family home W)lJld
be possible IMth an increase in 1 % or more of the construction costs, then Buyer, may by \\1itten notice to
the Seller, cancel this Contract and Buyer shall be refunded the deposit(s).
Date: Z-;<,-:.o( Buyer: /' ./- 0-:::>
Print Name: r:"0(//--I--"), r:b,~
Date:':<' -2.~ol Buyer: ~ --': 0 '
Print Name: C C'Vrn....y r" ""n
Date: ;;l. - 90 -Q I
Seller: /1.)~ UJ ~
Print Name: LU,o/L/e tlJ~Rb
Date:
Seller:
Print Name:
~
BoYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION
POST OFFICE BOX 337 . BOYNTON BEACH, FL 33425-0337 . PALM BEACH COUNTY
PHONE (561) 752-0303. FAX (561) 752-0302
Courtney Cain Victor Marshall
President Vice-President
TO: Michael W. Rumpf, Planning & Zoning Director
FROM: Robert Dwelle, Project Manager,
Boynton Beach Faith Based Community Development Corporation
DATE: February 28,2001
SUBJECT: Variance Application, Postage Payment
Please find attached the payment for the postage for the Boynton Beach Faith-Based
Community Development Corporation's Zoning Variance,
The amount is determined as follows:
86 piece of mail x 0.34 per piece = 29.24 x 2 applications = $54.48
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01- 043
TO:
Diane Reese
Finance Director ~y! '
Michael W. Rumpt-' , .r ~
Planning and Zoni ~ irector
FROM:
DATE:
March 13,2001
SUBJECT:
Budget Transfer
The Community Development Division will be paying the processing fees for six (6) variances submitted
to the Planning and Zoning Departrnent by Mr. Willie Ward. The variance fees total $1,200.00. Please
transfer $1,200.00 from account number 122-2418-554-49-64 to account number 001-0000-104-10-00
(Variance Revenues).
Thank you for your cooperation.
cc. Octavia Sherrod, Community Development Manager
Kate Law, Building Division
Sue Moroney, Finance Department
MWR:
S:\PL\l'.'NING\SHARED\WP\CORRESPIFlNANCE\VARlANCE FEE TRANSFER MEMO,DOC
. .; u . _ . \ _ -.;. t:. '':' .
CO:\TRACT FOR SALE A, PURCHASE rn
I \H B\H. IiIiI
o,PARTIES,. W/LLI~ARO__.____._ ____.___ ("S.II.~),
0::~dj~~:~-~CH:o:;t~~~~~~i;y3;;~=====~==:::::~~~~~:
5 hereby agree that Seller shall sell and Buyer shall buy the following described (eal property and personal property (collectively "Property") pursuanllo the terms and conditions of this Contract
610T Sale and Purchase and any riders and addenda ("Contract"):
71. DESCRIPTION:
*8 (a) Legal description of the Real Property located in __,PAt..._~,e,eA Cft__ County. Florida:
_iJ..~.1f'L..1fut:l~Hcllt!frs -,-t,.L..LL_.L1f~_5~H) U/~tvlr It, IN L
JJI'r<
9
10
~,
~2
13
14
01511. PURCHASE PRICE, $ "f ,(X)O
16 PAYMENT:
*17 (a) Deposit held in escrow by (Escrow Agent) in the amount of .. $
*18 (b) Additional escrow deposit to be made 10 Escrow Agent within _ days after Effective Dale (see Paragraph III) in the amount of... $
*19 (c) Subject to AND assumption of existing mortgage in good standing in favor of
20 having an approximate present principal balance of .. $
1t21 (d) New mortgage financing with a Lender (see Paragraph IV) in the amount of $
*22 (e) Purchase money mortgage and note to Seller (see rider for terms) in the amount of $ <./ Jtoo
m ro~~ $
*24 (g) Balance to close by U.S. cash or LOCALLY DRAWN cashier's or official bank check(s), subject to adjustments or prorations,,, $
25111. TIME FOR ACCEPTANCE OF'OFFER; EFFECTIVE DATE; FACSIMILE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing
*26between the parties on or before JeA 23, 2601 ,the deposit(S) will, at Buyer's option, be retumed and this offer withdrawn. For purposes of delivery or notice of
27execution, parties include Buyer and Seller or each of the respective brokers or attorneys. The date of Contract (UEffective Daten) will be the date when the last one of the Buyer and Seller
28 has signed this offer. A facsimile copy of this Contract and any signatures hereon shall be considered for all purposes as an original.
29 IV. FINANCING:
13o'ilVrON
6E'AC.H
(b) Street address, city, zip, of the Property is: _-1JE---12_ rlf A" E
(c) Personal Property: A.1/A
*30 C.l (a) This is a cash transaction with no contingencies for financing;
"'31 ~ (b) This Contract is conditioned on Buyer obtaining a written loan commitment within _3a- days after Effective Date for (CHECK ONLY ONE): 1Yi a fixed; 0 an adjustabll'!; or 0 a
.32 fiXed or adjustable rate loan in the principal amount of $ ~__~S25JSJ_, at an initial interest rale not to exceed _ %, discount and orig6;'tion fees not to exceed ~ % of
*33 principal amount, and for a term of _ years. Buyer will make application within _ days (5 days if left blank) after Effective Date and use reasonable diligence to obtain a loan
34 commitment and, thereafter, to satisfy terms and conditions of the commitment and close the loan. Buyer shall pay all loan expenses. 11 Buyer fails to obtain a commitment or fails to waive
35 Buyer's rights under this subparagraph within the time for obtaining a commitment or, after diligent effort, fails to meet the terms and conditions of fhe commitment by the closing date,
36 then either party thereafter, by written notice to the other, may cancel this Contract and Buyer shall be refunded the deposit(s); or
*37 0 (c) The existing mortgage, described in Paragraph lI(c) above, has: U a variable interest rate; or U a fixed interest rate of __.~ % per annum. At time of title transfer, some fixed
"'38 interest rates are subject to increase; if increased, the rate shall not exceed _% per annum. Seller shall furnish a statement from each mortgagee stating the principal balance.
39 method of payment, interest rate and status of mortgage or authorize Buyer or Closing Agent to obtain the same. If Buyer has agreed to assume a mortgage which requires approval
40 of Buyer by the mortgagee for assumption, then Buyer shall promptly obtain the necessary application and diligently complete and retum it to the mortgagee. Any mortgagee charge(s),
Jr41 not to exceed $ (1% of amount assumed if left blank), shall be paid by Buyer. If Buyer is not accepted by mortgagee or the requirements for assumption
42 are not in accordance with the terms of this Contract or mortgagee makes a charge in excess of the stated amount, Seller or Buyer may rescind this Contract by written notice to the
43 other party unless either elects to pay the increase in interest rate or excess mortgage charges.
"'44 V. TITLE EVIDENCE: At least ~_ days before closing date (CHECK ONLY ONE): 0 Seller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; or 0 Buyer shall at Buyer's
"'45expense obtain (CHECK ONLY ONE): 0 abstract of title; or 91 title insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an
46owner's policy of title insurance.
"'47VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on or be fl,re 'IS" ~t!i--' unless modified by other provisions of this Contract.
48 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take tille subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by
49 governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; public
50 utility easements 01 record (easements are to be located contiguous to real property lines and not more than 10 feet in width as to the rear or front lines and 7 1/21eet in width as to the side
51 lines, unless otherwise stated herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any (if additional items, see addendum);
t52 provided, that there exists at closing no violation of the foregoing and none prevent use of the Property for purpose(s).
53 VIII. OCCUPANCY; Seller warrants that there are no parties in occupancy other than SeUer; but if Properly is intended to be rented or occupied beyond closing, the fact and terms thereof
54 and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy
55 is to be delivered before closing, Buyer assumes all risks of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed
56to have accepted Property in its existing condition as of time 01 taking occupancy unless otherwise stated herein.
57 IX. TYPEWRITTEN OR HANDWRiTTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them.
58 X. RIDERS: (CHECK those riders which are applicable AND are attached to this Contract):
t59 0 COMPREHENSIVE RIDER ~OMEOWNERS' ASSN. 0 COASTAL CONSTRUCTION CONTROL LINE
t6Q 0 CONDOMINIUM __ "AS IS" 0 INSULATiON
'61 U VA/FHA LEAD-BASED PAINT 0
'62 XI. ASSIGNABILITY: (CHECK ONLY ONE): Buyer 0 may assign and thereby be released from any further liability under this Contract; 0 may assign but not be released from liability
:ti3 under this Contract; or 0 may not assign this Contract.
54 XII. DISCLOSURES:
65 (a) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon
66 that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health unit.
67 (b) Buyer acknowledges receipt of the Florida Building Energy-Efficiency Rating System Brochure.
68 (c) If the real property inetudes pre-1978 residential housing then a lead-based paint rider is mandatory.
69 (d) If Seller is a "foreign person" as defined by the Foreign Investment in Real Property Tax Act, the parties shall comply with that Act.
70 (e) If Buyer will be obligated to be a member of a homeowners' association, BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE
71 HOMEOWNERS' ASSOCIATION DISCLOSURE.
72 XIII. MAXIMUM REPAIR CSSTS: SeUer shall not be responsible for payments in excess of:
*73 (a) $ fP.. ,_~ for treatment and repair under Standard D (if blank, then 2% of the Purchase Price).
*74 (b) $ t for repair and replacement under Standard N (if blank, then 3% of the Purchase Price).
*75 XIV. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, attach addendum and CHECK HERE U.
76 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS: Standards A through W on the reverse side or attached are incorporated as a part of this Contract.
77 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY PRIOR TofS.IGNING.1
78 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS AND THE FLORIDA BAR. -t.=,--1
79 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions should
80 be negotiated based upon the respective interests, objectives and bargaining positions of all interested persons.
81 ~ COPYRIGHT 1998 BY THE FLORIDA BAR AND THE FLORIDA ASSOCIATION OF REALTORS
82 ~~-'-~ ~ 2-2~o( JAJ~ UJ~
83 (Buyer) '1~ro/J (l,fA(,1/ t=IliTff 8J6i."l(JJL (Date) (~eller) -
*84 Social Security or Tax 1.0. # Social Security or Tax I.D. # d4:>~ 973 - hb''tl.--
085 / L ~ ~0-
86~
C)..-C95-o1
(Date)
2 - 2-.r:.fPl
(Date) ---
----m-eller)
(Date)
*87 Social Security or Tax 1.0. # __
Social Security or Tax 1.0. #
*88 Deposit under Paragraph II (a) received; IF OTHER THAN CASH, THEN SUBJECT TO CLEARANCE.
89 BROKER'S FEE: The brokers named below, including listing and cooperating brokers, are the only brokers entitled to compensation in connection with this Contract:
(Escrow Agent)
A'9QName:
III Cooperating- Brollers~-ny
listing Broker
"TW ,-, 'r","r,--.' "'.r n'Jlr,~ IMr Ir:1 "'<"::1\ IA<;n) fi56"7S110
92 ..~'Ai"'iJAH.IJ,"l'UI{ kJ.1AL J.1~lAll', 1...."\J',l'\\,'1'l.Jj~"
93 A. EVIDENCE OF TITLE: (1) An iIbStr.ac1..01.1i1lg prepared 'ought current by a reputable and existing abstract firm (if no. ---'-;ting thon certified as correct by an existing firm) purporting
94 to be an accurate synopsis of the instruments affecting til the real property recorded in the public records of the COUl lerein the real property Is located through Effective Date. II
95 shall commence with the earliest publiC records, or such later date as may be custom'ary in the county. Upon closing of this Cl", "ract, the abstract shall become the property of Buyer, subject
96 to the right of retention thereof by first mortgagee until fully paid. (2) A title insurance commitment issued by a Florida licensed title insurer agreeing to issue Buyer, upon recording of the
97 deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to the real property, subject only to liens, encumbrances, exceptions or
98 Qualifications provided in this Contract and those to be discharged by Seller at or before dosing. Seller shall convey marketable title subject only to liens, encumbrances, exceptions or
99 Qualifications provided in this Contract Marketable title shall be determined according to applicable Title Standards adopfed by authority of The Florida Bar and in accordance with law.
100 Buyer shaH have 5 days from date of receiving evidence of title to examine it If title is found defective, Buyer shall within said 5 days notify Seller in writing specifying the defect(s). If defect(s)
101 render tiUe unmarketable, Seller will have 30 days from receipt of notice to remove the defects, failing which Buyer shall, within five (5) days after expiration of the thirty (30) day period,
102 deliver written notice to Seller either: (1) extending the time for a reasonable period not 10 exceed 120 days within which SeUer shall use diligent effort to remove the defects; or (2) requesting
103 a refund of deposit(s) paid which shalf be immediately returned to Buyer. If Buyer fails to so notify Seller. Buyer shall be deemed to have accepted the title as it then is. Seller shall, if title
104 is found unmarketable, use diligent effort to correct detect(s) within the time provided therefor. If SeUer is unable to timely correct the defects, Buyer shall either waive the defects, or receive
105 a refund of deposit(s), thereby releasing Buyer and Seller from all further obligations under this Contract. It evidence of title is delivered to Buyer less than 5 days prior to closing, Buyer
106 may extend closing date so that Buyer shall have up to 5 days from date of receipt of evidence of title 10 examine same in accordance with this Standard.
107 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 3O-day grace period in the event of
108 default if a first mortgage and a 15-day grace period if a second or lesser mortgage; shall provide for right of prepayment in whole or in part without penalty; shall permit acceleration in event of
109 transfer of the real property; shall require all prior Jiens and encumbrances to be kept in good standing and forbid modifications of or future advances under prior mortgagees); shall require Buyer
110 to maintain policies of insurance containing a standard mortgagee clause covering aU improvements located on the real property against fire and all perils included within the term "extended
111 coverage endorsements~ and such other risks and perils as Seller may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note and security agreement
112 shall be otherwise in form and content required by Seller; bul Seller may only require clauses and coverage customarily found in mortgages, mortgage notes and security agreements generally
113 utilized by savings and loan institutions or state or national banks located in the county wherein the real property is located. All personal property and leases being conveyedor assigned will, at
114 Seller's option. be subject to the lien of a security agreement evidenced by recorded financing statements. If a balloon mortgage, the final payment wilt exceed the periodic payments thereon.
115 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the real property surveyed and certified by a registered Florida
116 surveyor. If the survey discloses encroachments on the real property or that improvements located thereon encroach on setback lines, ease~ents, lands of others or violate any restrictions,
117 Contract covenants or applicable governmental regulation, the same shall constitute a title defect.
118 D. TERMITESIWOOD DESTROYING ORGANISMS: Buyer. at Buyer's expense. within the time allowed to deliver evidence of title, may have the Property inspected by a Florida Certified Pest
119 Confrol Operator ("Operator") to detennine it tIlere is any visible active termite infestation or visible damage from termite infestation, excluding fences. It either or both are found, Buyer shall have
120 4 days from date of written notice thereof within which to have cost of treatment, If required. estimated by the Operator and all damage inspected and estimated by a licensed builder or general
121 contractor. Seller shall pay valid costs of treatment and repair of all damage up to the amount provided in Paragraph XIII(a). If estimated costs exceed that amount, Buyer shall have the option 0:
122 canceling this Contract within 5 days after receipt of contractor's repair eslimate by giving wrillen notice to SeUer or Buyer may elect to proceed with the transaction and receive a credit at closing
123 on the amount provided in Paragraph XIII(a). "Termites" shall be deemed to include all wood destroying organisms required to be reported under the Florida Pest Control Act, as amended.
124 E. INGRESS AND EGRESS: Seller warrants and represents that there is ingress and egress to the real property sufficient for its intended use as described in Paragraph VII hereof, title to
125 which is in accordance with Standard A.
126 F. LEASES: Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and estoppelletlers from each tenant specifying the nature and duration of the tenant's
127 occupancy, rental rates, advanced renl and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer
128 within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact fenant to confirm such information_ Seller shall, at closing, deliver and assign all original leases to Buyer.
129 G. LIENS: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, claims of lien or potential
130 lienors known to Seller and further allesting that there have been no improvements or repairs to the real property for 90 days immediately preceding date of closing. If the real property has
131 been improved or repaired within thaI time. Seller shall deliver releases or waivers of construction liens executed by all general contractors, subcontractors, suppliers and materialmen in
132 addition to SeHer's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for improvements or
133 repairs which could serve as a basis for a construction lien or a claim for damages have been paid or will be paid at the closing of this Contract.
134 H. PLACE OF CLOSING: Closing shall be held in the county wherein the real property is located at the office of the attorney or other closing agent ("Closing Agent") designated by Seller.
135 I. TIME: In computing lime periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall
136 end on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence In this Contract.
137 J. CLOSING DOCUMENTS: Seller shall furnish the deed, bill of sale, construction hen affidavit, owner's possession affidavit, assignments of leases, tenant and mortgagee estoppellellers
138 and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement and financing statements.
139 K. EXPENSES: Documentary stamps on the deed and recording of corrective instruments shall be paid by Seller. Documentary stamps and intangible tax on the purchase money mortgage
140 and any mortgage assumed, mortgagee title insurance commitment with related fees, and recording of purchase money mortgage to Seller, deed and financing statements shall be paid
141 by Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related tille services, namely tille or abstract charge, title examination, and settlement and
142 closing fee, shall be paid by the party responsible for furnishing the title evidence in accordance with Paragraph V.
143 L. PRORATIONS; CREDITS: Taxes, assessments. rent, interest. insurance and other expenses of the Property shall be prorated through the day before closing. Buyer shaH have the option
144 of taking over existing policies of insurance, jf assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations to
145 be made through day prior to closing, or occupancy. if occupancy occurs before closing, Advance rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee
146 will be credited to Seller. Taxes shall be prorated based on the current year'S tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing
147 occurs at a date when the current year's millage is not fixed and current year's assessment is available, taxes will be prorated based upon such assessment and prior year's millage. If
148 current year's assessment is not available, then taxes will be proraled on prior year's tax. If there are completed improvements on the real property by January 1st of year of closing, which
149 improvements were not in existence on January 1 st of prior year. then taxes shall be prorated based upon prior year's millage and at an equitable assessment to be agreed upon between
150 the parties; failing which, request shall be made to the County Property Appraiser for an informal assessment laking into account avaUable exemptions. A tax proration based on an estimate
151 shall, at request of either party, be readjusted upon receipt of tax bill on condition that a statement to lhat effect is signed at closing.
152 M. SPECIAL ASSESSMENT LIENS: Cflltified, confirmed And mlifiod speciAl assessment liens as of d:llo of closing (not AS of Effective Date) are to be paid by Seller. Pending liens as of
1 ~ date of closing shall be assumed by 8uyer. If the improvement tlas been substantially completed as of Effective Dato, any pending lion shall be considered certified, confirmed or ratified
154 and Seller shall, at closing, be charged an amount equal to the last estimate or assessment for the improvement by the public body.
155 N. INSPECTION, REPAIR AND MAINTENANCE: Seller warrants that the ceiling, roof (including the fascia anO soffits) and exterior and interior walls, foundation, seawalls (or equivalent) and
156 dockage do not have any Visible Evidence of leaks, water damage or structural damage and that the septic tank, pool, all appliances, mechanical items, heating, cooling, electrical, plumbing
157 systems and machinery are in Working Condition. The foregoing warranty shall be limited to the items specified unless otherwise provided in an addendum. Buyer may, at Buyer's expense, have
158 inspections made of those items within 20 days after the Effective Date. by a firm or individual specializing in home inspections and holding an occupational license for such purpose (if required)
159 or by an appropriately licensed Florida contractor, and Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report in writing to Seller such items that do not meet
160 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not reported. II repairs or replacements are
161 required to comply with this Standard, Seller shall cause them to be made and shall pay up to tile amount provided in Paragraph XIlI(b). Seller is not required to make repairs or replacements of
162 a Cosmetic Condition unless caused by a defect Seller ig responsible to repair or replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XIII(b). Buyer or
163 SeUer may elect 10 pay such excess, fuiling which either party may canr~1 this Contract If Seller is unable to correct the defects prior to closing. the cost thereof shall be paid into escrow at closing.
164 Sener shal', upon reasonable notice, provide utilities service and access to the Property for inspections, including a walk-through prior to closing, to confirm that all items 01 persOflal property are
165 on the real property and, subject to the foregoing, that all required repairs and replacements have been made and that the Property. including, but not limited to, lawn. shrubbery and pool, it any.
166 has been maintained in the condition existing as of Effective Date, ordinary wear and tear excepted. For purposes of this Contract: (a) 'Working Condition" means operating in the manner in which
167 the item was designed to operate; (b) "Cosmetic Condition" means aesthetic imperfections that do not affect the working condition of the item, including, but not limited to: pitted mareite; missing
168 or torn screens; fogged windows; team, wom spots, or discoloration of floor coverings, wallpaper, or window treatments; nail holes. scratches. dents, scrapes, chips or caulking in ceilings, walls,
169 flooring, fixtures, or mirrors; and minor cracks in floors, tiles. windows, driveways. sidewalks, or pool decks; and (c) cracked roof tiles, curling or worn shingles, or limited roof life shall not be
170 considered detects Seller must repair or replace, so long as there is no evidence of actual leaks or leakage or structural damage, but missing tiles will be Seller's responsibility to replace or repair.
171 O. RISK OF LOSS: If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged,
172 cost of restoration shall be an obligation 01 Seller and closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at closing. "the cost of restoration exceeds
173 3% of the assessed valuation of the Property so damaged, Buyer shall have the option of either taking the Property as is, together with either the 3% or any insurance proceeds payable
174 by virtue of such loss or damage. or of canceling this Contract and receiving return of the deposit(s).
175 P. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. It an abstract of Iitle has been furnished, evidence of title shall be continued at
176 Buyer's expense 10 show title in Buyer, without any encumbrances or change which would render Seller's tiUe unmarketable from the date of the last evidence. All closing proceeds shall be
In held in escrow by Seller's attorney or other mutually acceptable escrow agent for a period of not more than 5 days after closing date. If Seller's title is rendered unmarketable, through no
178 fault of Buyer, Buyer shall, within the 5-day period. notify Seller in writing of Ihe defect and SeUer shall have 30 days from date of receipt of such notification to cure the defect.1l SeHer fails
179 to timely cure the defect, all deposit{s) and closing funds shall, upon written demand by Buyer and wilhin 5 days after demand, be returned to Buyer and, simultaneously with such
180 repayment, Buyer shall return the personal property, vacate the real property and reconvey the Property to Seller by special warranty deed and bill of sale. If Buyer fails to make timely
181 demand for refund, Buyer shall take title as is. waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed
182 or bill of sale. If a portion of the purchase price is to be derived from institutional financing or refinancing, requirements of the lending institution as to place, time of day and procedures for
183 closing, and for disbursement of mortgage proceeds shall control over contrary provision in this Contract. Seller shall have the right to require from the lending institution a wrillen
1M commitmenl that it will not withhold disbursement of mortgage proceeds as a result of any title defect attributable to Buyer-mortgagor. The escrow and closing procedure required by this
185 Standard shall be waived if the title agent insures adverse manBrs pursuant to Section 627.7841, ES., as amended.
186 Q. ESCROW: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to
187 clearance, disburse them in accordance with terms and conditions of this Contract Failure of funds to clear shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities
188 under the provisions of this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties hereto agree to its disbursement or until a judgement
189 of a court of competent jurisdiction shall determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying
190 all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting tor any items previously delivered out of escrow. If a licensed
191 real estate broker, Agent will comply with provisions of Chapter 475, ES., as amended. Any suit between Buyer and Seiter wherein Agent is made a party because of acting as Agent
192 hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with these amounts to be paid from
193 and out of the escrowed funds or equivalent and charged and awarded as court costs in favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to
194 Buyer or Seller of items subject to the escrow, unless suph misdelivery is due to willful breach of the provisions of this Contract or gross negligence of Agent.
195 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such litigation, which, for purposes of
196 Ihis Standard, shall include Seller, Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 475, ES., as amended, shall be enlitled to recover from the
197 non-prevailing party reasonable attorney's fees, costs and expenses.
198 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to
199 be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any
200 claims; whereupon, Buyer and Seller shall be relieved of all ohligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract.
201 If for any reason other than failure of Seller to make Seller's tille marketable atter diligent effort, Seller fails, neglects or refuses to pertorm this Contract, Buyer may seek specific performance
202 or elect to receive the return of Buyer's deposit(s) without Ihereby waiving any action for damages resulting from Seller's breach.
203 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and inure to
204 the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for
205 any party shall be as effective as if given by or to that party
206 U. CONVEYANCE: Saller shall convey title 10 the real property by statutory warranty, trustee's, personal representative's or guardian's deed, as appropriate to the status of Seller, subject
207 only to matters contained in Paragraph VII and those otherwise accepted by Buyer. Personal property shall, at the request of Buyer, be transferred by an absolute bill of sale with warranty
208 of title, subject only to such mailers as may be otherwise provided for herein.
209 V. OTHER AGREEMENTS: No prior or present agreements or representations shalf be binding upon Buyer or Seller unless included in this Contract. No modification 10 or change in this
210 Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it.
211 W. WARRANTY: Seller warrants that there are no facts known to Seller materially affecting the value of the Property which are not readily observable by Buyer or which have not been
212 disclosed to Buyer.
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